The discontinued order is not valid according to the FOS after they took legal advice as it applies to Shabby and the underwriter was hiding behind Shabby. As my main claim is for failure to pay out even though Shabby are the appointed agents to decide the claim they are hoisted by their own smoke screen. So the FOS can adjudicate on failure to pay out on the PPI claim. What is the formula is the FOS formula is it 8% APR or compounded.

Thoughts, mysterons

Also the I included the offer of setlement letter in the court bundle and the defence also included it in their submission. The judge claimed it was perhaps an error that could be excused me but not the defence. For that reason he recused himself still why go on and award costs against me...the creature!

I think I may have been finessed over the expenses as the judge did ask if I had any objections to the expenses. Being utterly demoralised by the judges attitude and OTT body language I said, ~"what can I say" thinking what ever I say the judge is going to grant them.

Judges Order: 1. Relates to removing the time barred claim of the bank 2. Relates to setting aside the default judgment I got as the bank did not originally submit a defence in time. 3. 'The application to strike out/summary judgment/amend defence be adjourned to ...' 4. 'The applicant shall pay the defendant's costs thrown away at' just under £1000. 5. Judge recuses himself from the next hearing. 6.The application to combine both PPI claims allowed bizarre as the arguement was they were both time barred and materially the same, when they were not time barred and one was purely misselling on a loan PPI the other misselling and failure to pay out on unemployment PPI. 7.Costs reserved on earlier applications by the bank. 8.'All documents in this case are to be sent to the defendant's solicitors forthwith so that the pleadings and documents enclosed can be redacted.' Not sure what 8 means but smells damn funny so I have everything.

Thanks. I discontinued: 'Take notice that the Claimant hereby wholly discontinues this action against the Defendant, upon the following terms: 1. The discontinuation is made in full and final settlement of any claim which the Claimant has against the Defendant, arising out of the subject matter of claim number #. 2. The Claimant undertakes not to pursue a seperate claim in relation to the subject matter of claim number # with the FOS 3. No order as to costs. 4. Date' Signed by me and their solicitors received by the court. I opened a claim with the FOS several days before signing the discontinuation notice not sure if that could be used as a spoiler also. Lots of threats and dirty looks from the judge and the occasional comment along the lines, "is this all you have"...when on one part of the PPI claim the Bank had already made an offer to settle. 300.

Go on, go on, go on.

Discontinued before order on costs made can costs be claimed if I breach one of the conditions that the bank put on agreeing to the discontinuance order. No judgement was made as the bank had made a technical error in presenting their case. The judge made it clear that if the case came back to him after an adjournment for the bank to sort out the technicality he would award costs against me (a total !) for this appearance and the the appearance following. No costs order was actually made and there was no judgement I filled a discontinuance agreeing not to send the case to the FOS. At the time I had already opened a claim and spoke on the phone with the FOS they said they could continue as long as there had been no judgement. Recently received a phone call from the FOS saying they normally did not handle cases that had been in the courts and the district judge could rule on costs against me if they proceeded. Is this the case?

You can file an embarrassed defence do a search on this site to find examples. Also send off a letter quoting the relevant CPRules requesting all documentation from the solicitors. I expect someone more knowledgeable will pick up your thread and give more specific advice. If not click on the Red Triangle bottom left and send a help! message to the site team. Reading this thread will help: http://www.consumeractiongroup.co.uk/forum/legal-issues/178915-defence-required-claim-form.html#post1930892

They use ranges of numbers to defeat any blocking effort. Best thing I did was not give them my mobile and then change my land line. Make sure you keep a full record of the calls before doing this to use as evidence of harassment.

Yes, I had the same problem. Organisation makes you feel better more in control you need a system. I buy the biggest ring binder files one for each loan or credit card - label them clearly. Then I files each letter as it comes in in date order using 200 packs of A4 pockets. Also keep a paper copy of each letter you send out and any recorded delivery / proof of postage certificates with this copy. When you work out the charges / interest also make a paper copy of the results and file it

The judge can decide to swap between small claims and fast track at will with no justification required. So if you get a judge that does not like you or thinks you need taking down by allowing costs against you, they do with a c**** look on their faces at the end of the proceedings.

Try again you CCA is not posted

Be sure not to over estimate what you can afford £0.50 or £1 is fine. Benefits are not enough to pay the bills and are designed that way. There are other options to slow things down if you think your situation is not going to improve. See the Prove it letter... above send them off and get back here with the responses.

Yo Pinky likewise been looking out for you. Got a 'I am recommending a Stat. Demand', from one even sent it recorded 2nd class, while the letter said you must respond within 72 hours of receipt - doh, bit of a give away they are not serious, nothing heard in the 2 weeks since:¬)) Unenforceable application form and out of time Default even assuming first class post followed by Termination. Sent off scans of all the documentation on my various CCA no compliance disputes to TS and FOS. No post from anyone last 2 weeks perhaps they are all at the seaside living it up in kiss me quick hats scoffing Mr Whippys with a flake;¬)

Emma Work out the charges, interest charged on them using one of the ready made spreadsheets on the site and wait for a termination notice.

Er

Thanks Emma. It still depends on the judge unfortunately... Is the amount shown correct? Is the original agreement enforceable? The default notice itself is set out in the format required by the regulations. That is the other thing to look for along with the correct amount. You are looking ideally for a defective default notice on all three elements with a termination notice to follow and an unenforceable agreement.

I reckon the default notice is invalid by one day using the argument below: Just been looking at the CP Rules - 6.26 PART 6 - SERVICE OF DOCUMENTS - Ministry of Justice 'Deemed service of a document other than a claim form 10.1 Rule 6.26 contains provisions about deemed service of a document other than a claim form. Examples of how deemed service is calculated are set out below. 10.2 Example 1 Where the document is posted (by first class post) on a Monday (a business day), the day of deemed service is the following Wednesday (a business day).' So they have to prove it was first class post. I am assuming the previous practice directions still hold for second class post and the default assumption being second class. Council Tax Manual - Section 3 - Appendix 3.6 - Service of documents by post ' Appendix 3.6 - Service of documents by post All Text Amended 1. Interpretation Act 1978, Section 7 This states:- "7. Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post." 2. Practice Direction Service of Documents - First and Second Class Mail "With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore. 1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post. 2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:- (a) in the case of first class mail, on the second working day after posting; (b) in the case of second class mail, on the fourth working day after posting. "Working days" are Monday to Friday, excluding any band holiday. 3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used. 4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process. 8 March 1985 J R BICKFORD SMITH Senior Master Queen's Bench Division'

Sometimes writing the received date on is not a good idea. You can always change that. Unless delivered by recorded delivery it is assumed the letter was delivered by second class post, which puts it outside the 14 days limit. Wait for them to issue a Termination Notice at which point they have broken the CCAact and could not claim the amount claimed on the Default Notice (not 100% certain) you could counter sue back citing 'woodchester' as case law. They could issue another default that is valid if they have not already issued a Termination Notice, which can not be undone. Best advice seems to be let them make the moves defending is more successful than prosecuting the CCAct in our circumstances. Judges favour lawyers which cost money. You really need to check the regulations there are links somewhere on the site or a google search will probably do it from another thread, 'Default Notices are covered by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. They must take a precise form as laid down by these regulations. A DN which doesn't is invalid. Where a DN is invalid then the account terminated, the creditor loses the legal right to the capital sum as they terminated the account without giving the debtor an opportunity to mend the breach that led to the default in the first place. All they can claim is any arrears that arose whilst the agreement was current. Where a DN is valid ie draw up properly in accordance with the Regulations, then the creditor can claim the whole balance of the account if the breach that caused the default was not remedied by the given date on the DN.' Some reading for you: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190222-notice-assignment-default-notices.html#post2052683 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/179944-default-notice-period-7-a.html#post1940698 Personal opinion follows: You can tell how civilised a country is by the ratio of lawyers to plebs i.e. lawyers are only needed when the laws have not been framed clearly - deliberately. Look at the Tax System second most complex after the good old USA.

Could be either post it up with personal details obscured. Often application forms were mugged up to seem like agreements. Perhaps to save the paperwork of actually issuing an agreement while hoping to give the customer the impression that what they were signing was an agreement. They usually contain none of the prescribed terms and so are not enforceable even if signed. Read all the print often it says application somewhere.

Spotted by little me actually;¬0

Yep.

Do the reading, then make your friends asking informed questions :¬), they will respect you more and you really have to understand the situation for yourself as everyone is in a different position

Sorry about the confusion over CCJ's. It was late and I thought debt when you wrote CCJ's. Still a good example of the way the site works, nothing better tahn catching someone out;¬) Allways read through the sticky threads yourself and wait for several postings.